(a) The commission, in exercising the commission's powers and carrying out the commission's duties with regard to any matter within the commission's authority under this chapter, may not:
(1) for purposes of ratemaking or approval of financing, consider:
- (A) securitization bonds issued under a financing order to be the debt of the electric utility other than for federal income tax purposes;
- (B) securitization charges paid under a financing order to be the revenue of the electric utility for any purpose; or
- (C) securitization costs or financing costs specified in a financing order to be the cost of the electric utility; or
- (2) determine any action taken by an electric utility that is consistent with the financing order to be unreasonable. This subdivision does not require the commission to approve a proposed capital investment under section 10(d)(4)(B) of this chapter.
- (b) This chapter does not prohibit an electric utility from requesting, or the commission from approving, alternative methods for recovery of the costs of an electric generation facility upon retirement.
- (c) An electric utility that has received an order from the commission approving the recording of a regulatory asset to recover the net book value of an electric generation facility upon the planned retirement of the electric generation facility may not file a petition under section 10 of this chapter with respect to the generation facility.
As added by P.L.80-2021, SEC.1.